intentionally, for the purpose of injuring or destroying the business of a competitor in any locality, discriminating between different sections, communities, cities or localities in the state of Louisiana, by selling such commodity at a lower rate in one section, community, city or locality, that is charged for such commodity by said. person, firm, company, association or corporation in another section, community, city or locality after making due allowance for the difference, if any, in the grade or quality of such commodity and in the actual cost of transportation of same from the point of production, if a raw product, or from the point of manufacture, if a manufactured product, shall be guilty of unfair discrimination, which is hereby prohibited and declared unlawful, and to be a misdemeanor; and that all sales so made shall be taken and considered as prima facie evidence of unfair discrimination. (L. 1908, Act 128, Sec. 1.)

Any person, firm, company, association or corporation violating any of the provisions of the preceding section, any officer, agent or receiver of any firm, company, association or corporation, or any member of the same, or any individual found guilty of a violation thereof shall be fined not less than five hundred dollars ($500), nor more than five thousand dollars ($5,000), or be imprisoned in the parish jail for not less than one year, nor more than two years, or both, at the discretion of the court. (L. 1908, Act 128, Sec. 2.)

All contracts or agreements made in violation of any of the provisions of the two preceding sections shall be void. (L. 1908, Act 128, Sec. 3.)

It shall be the duty of the district attorneys, in their several judicial districts, throughout the state, to enforce the provisions of the preceding sections of this act, by appropriate actions and prosecutions in the several courts of the state of competent criminal jurisdiction, and of the attorney general, in all such cases, when carried by appeal or otherwise to the Supreme Court of this state, or to any other court of this state or of the United States; and that it shall also be the duty of the attorney general of the state, whether requested or directed to do so by the governor or by the general assembly of the state or not, to enforce all the foregoing provisions of this act by appropriate actions and proceedings of a civil nature in such court or courts of the state as may have

jurisdiction in such cases, and as is hereinafter provided. (L. 1908, Act 128, Sec. 4.)

If any complaint be made to the secretary of state that any corporation, authorized to do business in this state is guilty of unfair discrimination within the terms of this act, it shall be the duty of the secretary of state to refer the matter to the attorney general, who shall examine into said complaint, and if the facts justify it, in his judgment, shall institute proceedings in the courts against such corporation. (L. 1908, Act 128, Sec. 5.)

If any corporation, foreign or domestic, authorized to do business in this state, or any officer, agent or receiver of any corporation, is found guilty of unfair discrimination, as defined by this act, it shall be the duty of the secretary of state immediately to revoke the permit or license of such corporation to do business in this state. (L. 1908, Act 128, Sec. 6.)

In all cases where a corporation may have been convicted of the violation of the provisions of this act, and it shall continue or attempt to do business thereafter in this state, it shall be the duty of the attorney general of the state, by a proper suit, in the name of the state, to oust such corporation from all business of every kind and character in the state of Louisiana. (L. 1908, Act 128, Sec. 7.)

The remedies and penalties provided in this act shall be cumulative to each other and to all other remedies and penalties provided by law. (L. 1908, Act 128, Sec. 8.)

COURT DECISIONS.

Texas and Pacific Ry. et al. v. Southern Pacific Ry. Co., 41 La., 970.

John Trisconi v. J. M. Winship et al., 43 La., 45.

MAINE.

STATUTES.

It shall be unlawful for any firm or incorporated company, or any number of firms or incorporated companies, or any unincorporated company, or association of persons or stockholders, organized for the purpose of manufacturing, producing, refining or mining any article or product which enters into general use and consumption by the people, to form or organize any trust, or to enter into any combination of firms, incorporated or unincorporated companies, or association of stockholders, or to delegate to any one or more board or boards of trustees or directors the power to conduct and direct the business of the whole number of firms, corporations, companies or associations which may have formed, or which may propose to form a trust, combination or association inconsistent with the provisions of this section and contrary to public policy. (R. S., c. 47, Sec. 53.)

No certificate of stock, or other evidence of interest, in any trust, combination or association, as named in the preceding section, shall have legal recognition in any court in this state, and any deed of real estate given by any person, firm or corporation, for the purpose of becoming interested in such trust, combination or association, or any mortgage given by the latter to the seller, as well as all certificates growing out of such transaction, shall be void. (R. S., c. 47, Sec. 54.)

Any incorporated company now operating under the laws of this state, and which at the date of the passage of this act, may be interested in any trust, combination or association, named in section one of this act, or any firm, incorporated or unincorporated company, or association of persons or stockholders, who shall enter into or become interested in such trust, combination or association, after the passage of this act, shall be deemed guilty of a misdemeanor, and be subject to a fine of not less than five nor more than ten thousand dollars: Pro

rided, That nothing in this section shall be so construed as to apply to such incorporated companies as shall, within ninety days from the date of the passage of this act, withdraw from and sever all connections with such trust, combination or association. (R. S., c. 47, Sec. 55.)

It shall be the duty of the secretary of state, as soon as may be after the passage of this act, to forward to the president, secretary or treasurer, of each incorporated company organized for the purpose of manufacturing, producing, refining or mining any article or product which enters into general use and consumption by the people, and doing business within this state, a copy of this act, and also a letter of inquiry as to whether said corporation has merged all or any part of its business or interests in or with any trust, combination or association of persons or stockholders as named in section one of this act, and to require an answer, under oath, of the president, secretary, treasurer, or directors of said company, a form of affidavit, together with questions to be answered, shall be prescribed by the secretary of state, and forwarded with said letter, and on neglect or refusal to make answers under oath to such questions for the term of ninety days from the date of this act, the secretary of state shall notify the attorney-general, whose duty it shall be forthwith to file an information in the nature of a writ of quo warranto, with the supreme judicial court, against said corporation, and the court may, upon hearing and proof of such neglect or refusal, decree the dissolution of said corporation, and its corporate rights and powers shall be terminated. (R. S., c. 47, Sec. 56.)